The battle is still on – Consolacion shipyard firms over reclamation project

The battle is still on - Consolacion shipyard firms over reclamation project: Fishermen hold a protest at sea on their wooden outriggers off the coast of Barangay Tayud, Consolacion town in northern Cebu to oppose the planned reclamation project in the area.

In this October 17, 2020 photo, fishermen hold a protest at sea on their wooden outriggers off the coast of Barangay Tayud, Consolacion town in northern Cebu to oppose the planned reclamation project in the area.

CEBU CITY, Philippines – The legal battle between shipyard owners and the local government of Consolacion town, north Cebu is still on.

The Shipyard Association of Consolacion Cebu (SACC), in a statement sent to CDN Digital, said they will continue to seek legal remedies after a trial court in Mandaue City rejected their petition for a temporary-restraining order (TRO) and a writ of preliminary injunction over the municipality’s decision to issue business permit valid up to six months only.

“SACC will continue its fight against the looming closure and eviction of the shipyards in Consolacion. In this regard, we will ask the court to reconsider its Decision dated 12 November 2021 on the issue of business permits,” portions of the press statement by SACC read.

The group added they will raise several ‘areas’ in the ruling of Branch 83 of Regional Trial Court (RTC) in Mandaue City which they ‘respectfully disagree with’.

“Consolacion Mayor Joannes Alegado’s decision to issue a six-month provisional permit runs counter to RA 11032 of 2017 (An Act Promoting Ease Of Doing Business And Efficient Delivery Of Government Services), which states business permits can be valid for one year,” they explained.

“Nevertheless, we continue to have faith in the justice system and believe we can prevail. We will continue to vigorously defend ourselves in court. We will fight to save the jobs of our almost 2000 employees and ensure they can continue to provide for their families’ needs,” they added.

To recall, RTC Branch 83 of Mandaue City junked SACC’s request, asking the judiciary to compel the local government unit of Consolacion to withdraw its decision to issue business permits that are valid only until June 30, 2021.

In addition, they asked the court to intervene, and order the municipal government to extend their business permits until December 31, 2021.

But Presiding Judge Allan Francisco Garciano, in an 18-page ruling, dismissed their application. The court said they cannot interfere with the town mayor’s police power unless grave abuse of discretion is present.

However, they added they found no sufficient evidence to try Consolacion Mayor Joannes Alegado over grave abuse of discretion, ultimately junking the shipyard owners’ plea.

Shipyard owners in Brgy. Tayud, Consolacion have been vocally objecting the local government’s proposal to put up a 236-hectare reclamation project on the site where they are located.

The LGU is planning to use the reclamation, to be named as Seafront Reclamation Project, as a mixed-use development to boost the locality’s economic and commercial activities.

It will also serve to complement the New Cebu International Container Port (CICP), also located in Brgy. Tayud.

/bmjo

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